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2U120102v <br />satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs <br />and restoration in a single disbursement or in a series of progress payments as the work is completed. <br />Unless an agreement is made in writing or Applicable Law requires interest to be paid on such <br />Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such <br />Miscellan�us Proceeds. If the restoration or repair is not economically feasible or Lender's securiry would <br />be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, <br />whether or not then due, with the excess, if any, paid to Bonower. Such Miscellaneous Proceeds shall be <br />applied in the order provided for in Section 2. <br />In the event of a total taking, destrucrion, or loss in value of the Property, the Miscellaneous Procceds shall <br />be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, <br />paid to Bonower. <br />In the event of a partial taking, destruction, or loss in value of the Property in which the fair mazket value of <br />the Property immediately before the partial ta�ng, destruction, or loss in value is equal to or greater than the <br />amount of the sums securerl by this Security Insm�ment immediately before the partial taking, destruction, or <br />loss in value, unless Bonower and Lender otherwise agree in writing, the sums secured by this Security <br />Instrument shall be reduced by the amount of the Miscellan�us Proceeds multiplied by the following <br />fraction: (a) the total amount of the sums se,cured immediately before the partial taking, destrucrion, or loss <br />in value divided by (b) the fair market value of the Property immediately before the partial taldng, <br />destrucrion, or Ioss in value. Any balance shall be paid to Borrower. <br />In ttie event of a partial taking, destrucrion, or loss in value of the Property in which the fair market value of <br />the Propeaty i�iately before the partial taking, destruction, or loss in value is less than the amount of the <br />sums secur� imu�diately before the pazcial taking, destruction, or loss in value, unless Borrower and <br />I.ender otherveise agr� m writing, the Miscxllaneous Proce�ds shall be apglied to the sums s�ured by this <br />Security In�t v�+het�rer or not the s�uns are then due. <br />If the Prop�riy is ahaadoaed by Borrower, or if, after notice by Lender to Borrower that the Opposing Party <br />(as defined ia the next sentence) off�ts to make an award to settle a claim for damages, Borrower fails to <br />respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply <br />the Miscellaneous Proceeds either to restoration or rega.ir of the Property or to the sums se,cured by this <br />��ty i�ct,,,n,�r, �rhether or not tfien due. "OPPosing Party" means the third party that owes Borrower <br />Miscellaneous Pro�ds or the party against whom Borrower has � right of action in regard to 1Vriscellaneous <br />Proce.ed:s. <br />Borrower shall be in default if any action or proce,eding, whether civil or criminal, is begun that, in Lender's <br />judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the <br />Property or rights under tlus Security Instrument. Borrower can cure such a default and, if accelerarion has <br />occurred, reinstate as provided in Secrion 19, by causing the acrion or praceeding to be dismissed with a <br />ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of <br />Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or <br />claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby <br />assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the <br />order provided for in Section 2. <br />NEBRASKA-Single Family-Fannie Mae/Freddie Mac UIVIFORM INSTRUMENT <br />VMP � <br />Wolters Kluwer Flnancial Services <br />Form 3028 1l01 <br />VMP6INE) (1105) <br />Page 10 of 17 <br />-, � s <br />